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AMIGO MANUFACTURING, INC.vs.CLUETT PEABODY CO. INC. Facts Cluett Peabody Co., Inc.

. (a New York corporation) filed a case against Amigo Manufacturing Inc. (a Philippine corporation) for cancellation of trademark, claiming exclusive ownership (as successor in interest of Great American Knitting Mills, Inc.) of the following trademark and devices, as used on men's socks: o a) GOLD TOE; b) DEVICE, representation of a sock and magnifying glass on the toe of a sock; c) DEVICE, consisting of a 'plurality of gold colored lines arranged in parallel relation within a triangular area of toe of the stocking and spread from each other by lines of contrasting color of the major part of the stocking' ; and d) LINENIZED. [petitioner's] Amigo Manufacturing Inc. trademark and device 'GOLD TOP, Linenized for Extra Wear' has the dominant color 'white' at the center and a 'blackish brown' background with a magnified design of the sock's garter, and is labeled 'Amigo Manufacturing Inc. Patent Office (Decision): the application of the rule of idem sonans and the existence of a confusing similarity in appearance between two trademarks. Court of Appeals: o there is hardly any variance in the appearance of the marks 'GOLD TOP' and 'GOLD TOE' since both show a representation of a man's foot wearing a sock, and the marks are printed in identical lettering. o Section 4(d) of R.A. No. 166 declares to be unregistrable, 'a mark which consists o[r] comprises a mark or trademark which so resembles a mark or tradename registered in the Philippines of tradename previously used in the Philippines by another and not abandoned, as to be likely, when applied to or used in connection with the goods, business or services of the applicant, to cause confusion or mistake or to deceive the purchasers. o [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. o [petitioner]'s mark is only registered with the Supplemental Registry which gives no right of exclusivity to the owner and cannot overturn the presumption of validity and exclusiv[ity] given to a registered mark. Hence this petition. ISSUE: Whether or not the Court of Appeals erred in affirming the findings of the Director of Patents that petitioner's trademark [was] confusingly similar to respondent's trademarks?

RATIO: The Bureau of Patents, however, did not rely on the idem sonans test alone in arriving at its conclusion. The Bureau considered the drawings and the labels, the appearance of the labels, the lettering, and the representation of a man's foot wearing a sock. Obviously, its conclusion is based on the totality of the similarities between the parties' trademarks and not on their sounds alone. Resort to either the Dominancy Test or the Holistic Test shows that colorable imitation exists between respondent's "Gold Toe" and petitioner's "Gold Top." o Petitioners mark shows that it definitely has a lot of similarities and in fact looks like a combination of the trademark and devices that respondent has already registered; namely, "Gold Toe," the representation of a sock with a magnifying glass, the "Gold Toe" representation and "linenized." Though there are differences in the set of marks, the similarities, however, are of such degree that the overall impression given is that the two brands of socks are deceptively the same or similar to each other. their dominant features are gold checkered lines against a predominantly black background and a representation of a sock with a magnifying glass. In addition, both products use the same type of lettering. Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. the names of the brands are similar -- "Gold Top" and "Gold Toe." the overall impression created is that the two products are deceptively and confusingly similar to each other. Clearly, petitioner violated the applicable trademark provisions during that time.